Convention Supplementary to the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy:artikel 3

Convention Supplementary to the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy

Article 3

Geldend

Documentgegevens:

Geldend vanaf 01-01-2022

Bronpublicatie:: 12-02-2004, Trb. 2005, 90 (uitgifte: 18-04-2005, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-2022
Bronpublicatie inwerkingtreding:: 03-02-2022, Trb. 2022, 12 (uitgifte: 03-02-2022, kamerstukken/regelingnummer: -)
Vakgebied(en): Milieurecht / Straling
Milieurecht / Energie
Energierecht (V)

a)

Under the conditions established by this Convention, the Contracting Parties undertake that compensation in respect of nuclear damage referred to in Article 2 shall be provided up to the amount of 1500 million euro per nuclear incident, subject to the application of Article 12bis.

b)

Such compensation shall be provided as follows:

(i): up to an amount of at least 700 million euro, out of funds provided by insurance or other financial security or out of public funds provided pursuant to Article 10(c) of the Paris Convention, such amount to be established under the legislation of the Contracting Party in whose territory the nuclear installation of the operator liable is situated, and to be distributed, up to 700 million euro, in accordance with the Paris Convention;
(ii): between the amount referred to in paragraph (b)(i) of this Article and 1200 million euro, out of public funds to be made available by the Contracting Party in whose territory the nuclear installation of the operator liable is situated;
(iii): between 1200 million euro and 1500 million euro, out of public funds to be made available by the Contracting Parties according to the formula for contributions referred to in Article 12, subject to such amount being increased in accordance with the mechanism referred to in Article 12bis.

c)

For this purpose, each Contracting Party shall either:

(i): establish under its legislation that the liability of the operator shall not be less than the amount referred to in paragraph (a) of this Article, and provide that such liability shall be covered by all the funds referred to in paragraph (b) of this Article; or
(ii): establish under its legislation the liability of the operator at an amount at least equal to that established pursuant to paragraph (b)(i) of this Article or Article 7(b) of the Paris Convention, and provide that, in excess of such amount and up to the amount referred to in paragraph (a) of this Article, the public funds referred to in paragraphs (b)(i), (ii) and (iii) of this Article shall be made available by some means other than as cover for the liability of the operator, provided that the rules of substance and procedure laid down in this Convention are not thereby affected.

d)

The obligation of the operator to pay compensation, interest or costs out of public funds made available pursuant to paragraphs (b)(ii) and (iii) and (g) of this Article shall only be enforceable against the operator as and when such funds are in fact made available.

e)

Where a State makes use of the option provided for under Article 21(c) of the Paris Convention, it may only become a Contracting Party to this Convention if it ensures that funds will be available to cover the difference between the amount for which the operator is liable and 700 million euro.

f)

The Contracting Parties, in carrying out this Convention, undertake not to make use of the right provided for in Article 15(b) of the Paris Convention to apply special conditions, other than those laid down in this Convention, in respect of compensation for nuclear damage provided out of the funds referred to in paragraph (a) of this Article.

g)

The interest and costs referred to in Article 7(h) of the Paris Convention are payable in addition to the amounts referred to in paragraph (b) of this Article, and shall be borne in so far as they are awarded in respect of compensation payable out of the funds referred to in:

(i): paragraph (b)(i) of this Article, by the operator liable;
(ii): paragraph (b)(ii) of this Article, by the Contracting Party in whose territory the installation of the operator liable is situated to the extent of the funds made available by that Contracting Party;
(iii): paragraph (b)(iii) of this Article, by the Contracting Parties together.

h)

The amounts mentioned in this Convention shall be converted into the national currency of the Contracting Party whose courts have jurisdiction in accordance with the value of that currency at the date of the incident, unless another date is fixed for a given incident by agreement between the Contracting Parties.